Kailas Kashinath Gaikawad v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO.982 OF 2017 Kailas Kashinath Gaikwad ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Sayaji D. Nangre, for the Applicant Mr. S. R. Agarkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 16th JUNE, 2017 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 277 of 2017 registered with the Baramati City Police Station, Pune, for the alleged offences punishable under Sections 498A, 306, 34 of the Indian Penal Code.

2/4 3.

In the present case, the deceased's husband, in-laws and the applicant (who happens to be father-in-law's brother) have been arraigned as accused. Learned Counsel for the applicant submitted that the applicant is a resident of Kusegaon, Pune, whereas, the deceased was residing along with her husband at Baramati. He submitted that the deceased committed suicide in her matrimonial home at Baramati. According to the learned Counsel, the allegations as against all the accused is, that they would harass the deceased, would taunt her as she was conceiving, and were forcing her to divorce her husband, pursuant to which, she committed suicide. 4.

Learned APP states that the applicant has attended the concerned Police Station, as directed by this Court, vide order dated 8th June, 2017.

5.

Admittedly the deceased committed suicide in her matrimonial home at Baramati and the applicant was not residing in the matrimonial house.

6.

Considering the nature of allegations, the custody of the

3/4 applicant is not required. The application is accordingly allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier;

(iii) The applicant shall not contact the complainant, witnesses or any person concerned with the case. 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

4/4 8.

It is made clear that the observations made herein are prima facie and are confined to this application.

9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.